SUPREME COURT.

Gisborne Times, Volume XXIX, Issue 3328, 21 September 1911, Page 7

SUPREME COURT.

CRHVIINAL SESSIONS CONTINUED. TWO PRISONERS SENTENCED. “A CRUEL AND SAVACE ACT.”

The criminal sessions of the Supreme Court iver© continued before his Honor Mr. Justice Chapman yesterday. Mr. J. W. Nolan appeared for the CroAvn. William McMurray, AA’ho, bn the previous day pleaded “guilty” to a charge of failing to keep proper books, and was found “guilty” of having contracted debts Avithout reasonable expectation of paying them, fraudulently removiiig part of his property and ~ concealing part of his property, appeared for sentence.

Mr. Burnard, Avho appeared for accused, said that the jury had recommended the prisoner to mercy on the most serious charges, and no doubt his Honor Avould take that into consideration. The accused Avas an old man, and was obviously not a. man avlio Avas trained in the Avay of commercial work, and he Avas not able to do commercial work and keep records of his transactions the same as a trained commercial man would do. He had a comparatively young Avife and young children residing at Hamilton -with a sister, and they could not remain there indefinitely. If accused served a long sentence it Avould be a hardship on them: and further, accused had already been imprisoned for four months awaiting trial. His Honor said he must inflict a sentence of imprisonment upon the prisoner, but he thought it Avould he sufficient in the circumstances if it Avas short. The prisoner had already been imprisoned for a considerable time, and he AA’Ould take this and the recommendation of the jury into consideration. At the same time he must pass in such a case as this a term of imprisonment, but thought a conviction Avould be of more importance than a severe sentence, as it Avould teach others not to attempt to do the same thing. He Avould impose a sentence of three months’ imprisonment Avithout hard labor on the charge of concealing and removing his property. As to the other charge of not keeping proper hooks, it might or might not be a serious offence. In the prisoner’s case it had enabled him te cover up the state of his affairs. He Avould be sentenced to txvo months’ imprisonment on this charge Avithout hard labor. On the charge of contracting debts, he Avould not sentence him, as it AA'ent Avith the sentence for not keeping proper books. The terms Avould he concurrent.

WOUNDING A COW. “LAUDABLE AND BENEVOLENT CUSTOM.” Geo. Brown, a half-caste, who pleaded guilty to a charge of bounding a cow at Te Araroa, the property of Harry K. Hovell, appeared for sentence. Mr. Burnard asked that the benefit of the First Offenders Probation Act should be granted to the prisoner. He was the owner of a small property in one of the townships on the East Coast, practically a native township, and he had been annoyed on a number of occasions by the presence of the informant’s cow. On one occasion he asked the informant’s son to keep the cow off his property, and this was not done. On the morning on which the offence was committed he found the cow trespassing on his section, Avhich he was going to use for planting- vegetables, and he took his shotgun and fired a cartridge. A quantity of shot struck the cow, and a certain amount of damage was done. He (Mr. Burnard) intended to call one or two witnesses to show that this method of preventing a cow from trespassing had been adopted in the past in a good many instances. His Honor: A laudable and benevolent custom, I presume. Mr. Burnard: That custom has operated on the mind of the prisoner, and it was his explanation of his act on this particular morning. Looking at it from the prisoner’s point of view, it is an act frequently adopted in liis district, which is a comparatively uncivilised part of the world. A. S. Wachsmann, manager of Dalgety and Co. in Gisborne, said he had had twenty-five years of station life. In order to prevent cows trespassing he had heard of a cow being shot at in this way. His Honor: Have you ever heard of tying a tin to a dog’s tail? Witness replied that he had. In reply to Mr. Nolan, witness said that he had heard of the practice of shooting at a cow in Canterbury. . F. J. Lvsnar said he had been connected with, sheepfarming for twentyfive years. The only way to keep-a beast out of a garden was to fire a charge of shot at reasonable range, and it would not go back again. His Honor: If you put a charge of shot into it I suppose it goes on to someone else’s property? Witness said that was right, but it stopped a beast from trespassing that would not be kept in by fences. Mr. Burnard said that the accused was of good character. Not an Ordinary Case. Mr. Nolan pointed out that the Probation Officer’s report was not at all favorable. The prisoner was a man of violent temper, and the depositions showed there was strong enmity between him and the owner of the cow. He had not only threatened Hovell previously, hut had actually assaulted him. This case was quite different from an ordinary case. His Honor said he did not think this was a case of a man indiscreetly using the remedies suggested by the witnesses. He had been guilty of a cruel and savage act, and had used this way of showing spite towards his neighbor. He would not put up with this kind of thing, and the prisoner would be sentenced to one month’s imprisonment with hard labor. He would order him to pay £lO towards the cost of the prosecution, to be paid in monthly instalments of £l, to commence on November Ist next. He was letting him off very lightly, for the cost of this prosecution to the Crown was £63 10s, and he was only insisting on the prisoner paying £lO towards the cost. CHARGE OF FALSE PRETENCE. "TWO ACCUSED:ACQUITTED. John Walker and James Finley McRae were charged with on or about May Bth, 1911, at Te Karaka, -they did obtain £5 from Prank Pattullo by means of false prptence. _ The following jury was empanelled;: —George K. Miller (foreman). Edwin S. Austin, Martin A. W. Hall, John Mahoney, Robert M. Bell, George Hall, Victor L. Enfior. Thomas Haisman, Hugh G. McClymont, O. Cox, Charles Jas. Jones, Edwin G. Glanville. Mr. Burnard! appeared for accused, who pleaded) “not guilty.” . > Frank Pattullo, a sheepfarmer, resid-

ing at Te Karaka j said, he know the two accused. About tlie middle of April last he let a fencing contract to Goldsmith wilio brought the accused' along a few days later. He represented them as good workers, and said he had taken them on as mates in the contract. Goldsmith entered into ah arrangement Avitli Mills to which Avitness Avas not a party. He treated with Mills during the continuance of the contract, and at the end squared up Avith Mills. He saw till© accused at the work. They remained about a fortnight, and about May 10th Avent to Avitness’s office. They came together and Walker said they Avere all going to toAvn for clothes. They produced an order for 30s signed by Mills, and said, this was an order from Mills which the Avere to hand to him and they then asked if he would give them £2 10® each for themselves. They said they Avere returning from toAvn that night or the following morning. He gave them two cheques, one for 30s and one for £5. The next time he saw them Avas in the Court, and the men did not return to their Avork. Had he knoAvn they Avould not resume work lie Avould not have made the al/ance. He made the payment an advance on their Avork, and on the representation that they were returning to work the next day. The usual practice in these contracts Avas to take one man as tne contractor and the others as AA'orking with him. It Avas usual to make an ad wane eon the Avork. Mills remained until the completion of the work. When he Avent in to settle, about tAvo months later. Avitness said! to him he had had £1 10s and £5. He said he had only drawn 30s and remarked accused' hadfa eaten him for £5.

To Mr Burnard : He really held Goldsmith responsible for the work. It did not matter to him hoxv it Avas divided. Witness had not lost any money over the deal, and it did not matter Avho did the Avork as long as it Avas done. He would not have made the accused an advance if he thought they were not going to return. Tlie men had only put in about; four days he thought, but he could not say so definitely. He understood Mills to say the men Avere going out of the job if they Avere paid 30s. He assumed that was AA”hy the order for 30s Avas given.. A Fencing Contract.

Joseph Mills, a laborer residing at Te Karaka, said he kneAv the accused. In May last Avitness entered into an agreement Avitlx Goldsmith to take over a fencing contract for Mr Pattullo. The accused: Avhom lie got to knoAv Avhen coming to Gisborne, asked to be alkwed to share the contract. Witness agreed but they only remained a fortnight and during that; time could only work three or four days. The accused kneAv nothing about fencing and their work Avas not good. Mcßae later Avanted to knoAv if he had earned his food and Walker said he Avould go away if Avitness gave him an order for 30s. for money he borroAved. Witness gave him the order and the men AA'ent aAvay and had nothing more to do Avith the contract. He then AA'ent to his Avork and AA'hen he returned they had gone and he did not see them again till they AA'ere in the Court. The men Avere going away f< r good when they left him. When he Avent to Mr Pattullo to settle up about tAA'o months later after completing the contract he found the accused had drawn £5 and he objected to the payment. They Avere not entitled to the amount and he Avould not have given it to them. Witness purchased the tools and paid for the food. To Mr Burnard: He had AA'orked with accused for about three' days in Gisborne and had! liA-ed in the same boarding house for three days. When Goldsmith asked him to take over the contract the accused asked him to let them in Avith him and he agreed. They told him they had had a little experience in fencing and could do the “ bullock - ing ” Avork.' He kneAv AA'hat class of men he Avas taking on. He ordered the tods in the name of Mills and Go., Avhich included accused, and he paid for them out of moneys recovered from the job. After about a fortnight he found fault Avith the-accused’s AA’ork.and complained about it. Witness and the accused had some trouble shortly after starting camp. He denied that an arrangement AA-as made Avhereby accused Avere to receive 25s per AA-eek and their food. The accused had not worked properly with him.

Detective Mitchell said that on August 23 he arrested accused Walker Avho replied that he got the cheque and cashed it at a bank in Gisborne. He would pay Mr. Pattullo the £5 again but he thought he Avas getting even with Mills. Mcßae AA'hen arrested admitted getting the money from Mr Pattullo. The men had. been working in Gisborne. Mills recalled' said he never told the accused not to inform Mr Patulio they were leaving. Case for the Defence. For the defence Mcßae said he came from Wellington to Gisborne in company with Walker and Mills, and tihe three stayed at the same boardinghouse, and they Avorked together. Later Goldsmith told Mills he had a fencing contract, and said he could have it. Mills asked Avitness and Walker to go on the contract, as it would be a good opportunity to learn to fence. '* Witness said he had never seen a fence put up in his life, and Mills said he would shoAV them how to do the work. When they arrived at To Karaka Mills Avas so drunk life could not go and see about the job, and Walker and Goldsmith Avent to Mr Pattullo. Mills could not carry his own swag and Walker carried it for him. There was a mile and three-quarters of feinoe line and it took the three a little over a week to clear it. It rained during the week, but they Avorked through it. They wanted a doublehanded saAV and Avitness told Mills he would go to. Goldsmith’s place for it. It took him half-a-day to find it as it Avas away in the bush. When he returned Mills was chopping a tree and it took him'ha,lf-a-day to chop half of it. Walker and Avitness then split up the tree. They had been working about a fortnight and three days when witness finally left. Mills got up in the morning to make the breakfast and the sticks for the fire were a bit Avet, and Walker and Mills started to have a few AA'ords. Walker said he would kindle tlie fire, and then he told Walker he would never make a bushfalfor. Witness said lie wias going to leave and Mills Avanted him to stop, but he refused. In reply to a question by witness he said lie valued his services at 25s per Aveek. He agreed to give him- a- note to Mr Pattullo for the 30s hi' oAved Avitness. Walker said lie Avas leaving, and it was agreed lie should receive 25s per Aveek. Mills said do not tell -Pattullo anything about the quarrel as he (Mills) had fresh men coming ,to the job. Walker and Avitness Avere to get cheques for £2 10s each and £1 10s, the amount borrOAved from Pattullo. They got the money later. They had remained m Gisborne ever since. - To Mr. Nolan: The only thing that Mr. Patulio said Avhen they got the money Avas lioav Avere they going to get across the river. Walker asked him for £2 10s advance and 30s on the

order. After he received the money from Pa,tulle he said he was going to buy some clothes. Neither said anything as to coming back. Mr. Patulio Avas lying and Avitness avas telling the truth. Both knew they Avere fellow contractors with Mills, and both knew they had to finish their contract'. He Avas not aware that a contractor had to fulfil his contract. He had been in the Dominion two years and was employed in coalmines. He Avent to the contract knowing nothing about the Avoids. Mills did the cooking, and a fair amount of the work outside. What work he did not know Mills shoAA'ed him. During the fortnight they were there they worked practically every day. Mills Avas not telling the truth Avhen he said they took nearly all day to get a sheep, and spent the rest of the day in camp. Mills AA’as not telling the truth Avhen he said they had agreed to go out for their food. He asked: Mills for an order for 30s, but he did not ask for an order for £2 10s. Witness did not speak to Patulio, as Walker did all the talking. They intended not to return to the job when they AA’ent to Patullo.

No Questions Asked. To Mr. Burnard: Mr. Patulio knew lie avus one of the contractors, and Avhen Mills suggested they should get £2 10s from Patulio there Avere no questions asked. Walker daid he Avas going to buy clothes. Pie did not remember it being mentioned they were returning to Avork the next day. Mills told him that he was getting other men, and said they AA'ere not to tell Mr. Patulio about the quarrel. John Walker, a laborer at Gisborne, said he came up from Wellington with the witness Mills and Mcßae. They stayed in tlie same boardinghouse as Mills and were Avorking for three or four days in the Council yards with him. He then detailed Avliat transpired regarding the contract and corroborated Mcßae’s evidonce. Mills mismanaged the a flair and muddled up the job. Disputes had been pretty frequent and Mills was in a “huff” the whole time. Mills agreed to pay them 25s per Aveek Avhen they left tlie job. They had given him three days work for nothing. As they were going to Mr Patullo’s place they met him riding along the road and he recognised them. Witness asked him if lie coiukl give them £2 10s each,and he said lie would. Witness then said lie had an order for 30s, and Mr Patulio wanted to knoAv if one cheque would, do. Witness said it AA'Ould as they Avere both mates. Witness told him he Avas going to Gisborne to get clothes, but lie did not say they Avere returning.

“Not Guilty.” To Mr Nolan: He told him he wanted the money for clothes, but there Avas no reason why he should have told Mr Patulio that. He needed boots and underclothing. Nothing whatever was said by him about going back and if Mr Patulio said he did then he Avas • not telling the truth. Witness represented himself as a mate of Goldsmith Avhen he went to see Mr Patulio before they started Avork. The impression they left on Mr Patullo’s mind that they were returning, but he did not remoA r e that impression because he could not see hoAV Patulio AA’ould lose, and further Mills had told him not to tell Mr Patulio anything about the quarrel.

The Rev. Wm. Grant, who bad known the accused during tlie past four months, said that as far as he could judge from conversations with accused they were decent manly feIIOAA'S.

The jury retired at 3.50 p.m. and returned at 4.10 p.m. Avith a verdict of “not guilty,” and the prisoners Avere discharged. * ;i